HUSSEIN ALTINGEYIK, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Inquiry Concerning a Judge, 753 So. 2d 1228 (Fla. 2000)
  …matically require the judge to be disqualified upon a request by either party, but the issue should be resolved on a case-by-case basis. This Court added the second sentence of this commentary governing disclosure in In re Code of Judicial Conduct, 659 So. 2d 692, 693 (Fla.1995). Reading the text of Canon 3E governing disqualification together with the Commentary governing disclosure, it appears that a distinction has been made between the two circumstances. Specifically, because a judge “should disclose on…
• Soulaymane Cherradi v. The Honorable Robert Lance Andrews, 669 So. 2d 326 (Fla. 4th DCA 1996)
  …ecusal. The recently amended commentary to Canon 3E(1) of the Code of Judicial Conduct states that a party’s prior filing of a complaint with the JQC does not automatically require disqualification of the trial judge. In re Code of Judicial Conduct, 659 So. 2d 692, 693 (Fla.1995). Here, there is no indication that such a complaint has even been filed. The husband has submitted as additional grounds for disqualification the trial court’s December 13, 1995 order denying his request for indigency status on appe…
• W.I. v. State, 696 So. 2d 457 (Fla. 4th DCA 1997)
  …that case made the voluntary disclosure and then gave the parties the opportunity to move to disqualify. Here, the judge simply made the disclosure. She did not invite a motion to disqualify. After that decision, in In re Code of Judicial Conduct, 659 So. 2d 692 (Fla.1995), the Supreme Court of Florida amended its Commentary to Canon 3(E) as follows: Canon 3E(1). Under this rule, a judge is disqualified whenever the judge’s impartiality might reasonably be questioned, regardless of whether any of the speci…

Authorities Cited

• State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994)
• Amendments TO Fla. Rules OF App. Procedure 9.140 & 9.600, 657 So. 2d 897 (Fla. 1995)
• Hussein Altingeyik v. State, 649 So. 2d 943 (Fla. 4th DCA 1995)
• McDONALD v. State, 649 So. 2d 943 (Fla. 4th DCA 1995)